CASE LAW UPDATE: Whether the District Court properly denied defendant’s motion to suppress?
Defendant was convicted of drug and firearms offenses. Defendant appealed. On appeal, defendant argued that the District Court erred in denying his motion to suppress, on the grounds that the officers did not have a particularized and objective basis for suspecting defendant of wrongdoing to support a Terry stop. Defendant also argued that the officers’ actions of drawing their weapons and handcuffing defendant did not automatically transform the stop into an arrest. The Eighth Circuit Court of Appeals upheld the Terry stop and found that the circumstances did not constitute an arrest. Affirmed.
United States v. Johnson, 21-1788, Grasz, J. Appealed fro United States District Court, District of South Dakota.
Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.